be readhismirandarights.moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relat

and lucid enough to gethismirandarightsread to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp

with american citizens. it allows the justice department to delay reading a suspecthismirandarightsif doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the

administration has agreed to delay a reading ofhismirandarightsunder a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot from this. the reason is this

charges carry the death penalty as a maximum sentence. tsarnaev was readhismirandarightsin a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene of the bombings as well as physical evidence tying them to the attacks. in the complaint the fbi says that at 2:38 p.m. on the day of the bombings, 11 minutes before the first bomb went off, a surveillance camera shows dzhokhar and tamerlan tsarnaev walking toward the boston marathon finish line with backpacks. then a surveillance camera mounted on the restaurant nearby captures crucial pieces of evidence. seven minutes before the first bombing the video which still hasn't been released shows dzhokhar walking toward the second bombing site. th

-- they are culling out the quarrel decision that is almost a 30-year exception to themirandarule.it has got nothing to do with anything, the idea of charging dzhokhar as an enemy combatant that essentially shifts it to guantanamo, is so inconsistent it is [ inaudible ] to me. >> bill: the exception to miranda that you can get that information because of a national security issue, you can question him without reading him his miranda rights first. i have no problem with that at all. >> i agree with you. >> bill: but what is wrong with trying anymore our federal courts? haven't we had success trying terrorist cases in our federal courts? >> hundreds of successful cases, instead of the tribunal where they have had less than a handful with not near the success of our federal courts especially in boston. you have a great united states attorney up there, they have plenty of experience in dealing with people like this. the idea of calling him an enemy combatant and shipping him to a gun on the mow, is an outrage. .he is communicating. the hig guys have already been in there, t

. anytime we question him about his guilt or innocence, he is entitled tohismirandarightsand a lawyer. to gathere the right intelligence from enemy combatants and a citizen can be an enemy combatant. host: the question we want to hear from you on its should the ballston bomber designated as an enemy combatant? screen.ers are on your chuck want to play inyou schumer, a democrat, responding to lindsey graham yesterday. [video clip] >> i think the good news is we don't need enemy combatants to get all the information we need out of him. the court that has ruled has allowed a lot of flexibility in the public safety exception before you mirandize someone. anytime there's a high value interrogation group, composed of the fbi, cia, and anyone else can question him without a lawyer in a secure situation and find out whatever they need, that can be used against him in a trial, but there's plenty of evidence. they don't need his confession. so i don't think we have to cross the line and say he should be an enemy combatant, which could be challenged in court. getting comments on our facebook pag

of the boat. >>nomirandawarning,do you want to explain that to us. > that is a federal issue. >> what was the question? >> there was no miranda warning given they were claiming a public safety exception. >> there is a public safety exemption involving acts of terrorism. so the government has the opportunity, right now. i believe that the suspect has been taken to a hospital. thank you. yes? i'm sorry? >> are you going to seek the death penalty? >> this is still an active, ongoing investigation. we're going to be reviewing up of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of the department of justice that makes that final decision. i'm sorry? karen? >> can you talk a little bit about when you were on the scene, was he moving around? how did you know it was a chance to take him into custody? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of info

want the boston bombing suspect treated as an enemy combatants,sparkingmirandadebate.key republicans are calling on the obama administration to declare the 19-year-old suspect an enemy combatant subject to the loss of four, so intelligence officials can continue to interrogate him for as long as they deem necessary. authorities captured him in watertown, mass. friday evening. they are invoking the public .afety exception he remains hospitalized under sedation and remains unclear what kind of communication they are able to have him at the moment. judy is on the phone from north carolina, independent line. good morning, and welcome to the program. caller: thank you. my thought on the issue is that we are a large nation, an all- inclusive nation, and i believe that the boy scouts is a private organization and has the right to determine who their membership is. i believe there should be a third organization that some of the gay-rights people should put into place, and that would be the rainbow scouts. then they can put all the lbb tea in anything they wanted, -- lgbt. republi

but say they were not in contact with overseas terror groups. he was readhismirandarightsduring an initial court appearance from the hospital that gives the suspect access to a lawyer. and means he will not be tried as an enemy combatant. described as a possible gun shot wound to the hand, the 19-year-old has been described as cooperative during questioning, forced to write his answers or nod yes or no. he told investigators that he and his brother came up with the attacks on their own finding internet resources to learn how to make bombs. he's been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's dorm room turned up a black jacket and white hat, similar to the surveillance photos. investigators also want to question tsarnaev's wife. she later converted to islam, dropped out of college and had a child with him. her attorney has said she had no suspicions that her husband might be plotting an attack. meanwhile, hundreds of people stood in silence at 2:50 p.m. one week after the bombings. president obama marked the moment o

fighting soldiers, we're not going to givethemmirandarights.there's no due process in the battle. becomes more of a question of their eating dinner in their house. i would say how hard is that so will be. the war is over. think it is important to take this bet is that it is the people's power through congress. there is the debate of whether they can infringe on civil liberties here are at home. willnot think we completely derivatives. i would have debates over or you would go again. i think the country was almost universally united let's go to afghanistan. iso not know if the public united in going into syria. i keep saying let's ask the millions of christians in syria what they want. some christians may exempt. and nothing we have time for another question and answer. thank you. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2013] >> likely will talk about the republican agenda and the future of the republican party. our live coverage will begin at noon eastern. >> the brookings institution hold a forum on changes to me